Red Hat, Inc. v. SCO Group, Inc.
| Industry | Software |
|---|---|
| Founded | 1993 |
| Headquarters | Raleigh , United States |
| Products | Linux distribution |
| Website | www |
Red Hat v. SCO refers to the legal action initiated by Red Hat against The SCO Group on August 4, 2003. Red Hat aimed to secure a permanent injunction halting SCO's campaign against Linux and sought declaratory judgments confirming that it had not infringed upon SCO's copyrights.
Background
Beginning in 2003, The SCO Group launched a series of lawsuits asserting that Linux violated its copyrights, targeting both users and distributors of Linux. As a leading Linux distributor, Red Hat was directly impacted by these claims.
The lawsuit
In reaction, Red Hat commenced legal proceedings in the United States District Court for the District of Delaware on August 4, 2003. The company requested:
- a permanent injunction to stop SCO’s campaign against Linux
- declaratory judgments establishing that Red Hat did not breach SCO’s copyright or trade secret rights
On the same day, SCO issued a press statement reiterating its allegations that Linux contained exact copies of UNIX code and denying any intention to intimidate. Additionally, SCO suggested potential counterclaims against Red Hat for copyright infringement and conspiracy.
On September 15, 2003, SCO filed a motion to dismiss the case, contending there was no genuine dispute and that Red Hat lacked a legitimate fear of litigation. SCO maintained its assertions were protected under free speech.
Red Hat pushed for expedited discovery; however, on October 2, 2003, SCO requested a stay of discovery pending resolution of the dismissal motion and sought additional time to respond to interrogatories.
After several months without judicial action, Red Hat supplemented the record with correspondence from SCO directed at Lehman Brothers, a Red Hat client. These letters reiterated SCO’s copyright claims and threatened legal measures if alleged infringements were not addressed.
Following disputes concerning the admissibility of this evidence, Judge Robinson denied SCO’s dismissal motion on April 6, 2004, but simultaneously stayed the lawsuit pending the outcome of the related SCO v. IBM case. This stay rendered motions concerning discovery and interrogatories moot.
On April 21, 2004, Red Hat contested the stay, arguing that the resolution of SCO v. IBM would not settle their dispute. This challenge was denied on March 31, 2005, with the court maintaining the stay while requiring periodic status reports.
The case was closed on October 11, 2007, with permission to reopen after SCO emerged from Chapter 11 bankruptcy proceedings.
Subsequently, on April 18, 2008, Red Hat filed a claim in bankruptcy court seeking recognition of possible libel damages as liabilities contingent upon unfavorable future rulings against SCO. SCO objected to this claim; nevertheless, Red Hat pursued it further.
Court proceedings
- August 4, 2003: Initial complaint filed by Red Hat against SCO
- April 6, 2004: Court orders stay pending resolution of SCO v. IBM
- April 21, 2004: Red Hat submits motion to reconsider stay
- March 31, 2005: Motion to reconsider stay denied
(Complete court records can be accessed at Tuxrocks.)